INDIANAPOLIS (WRTV) Indiana's highest court will decide whether to uphold a recount that flipped the result of a state senate primary.The order signed by Chief Justice Loretta Rush transfers Sen. Spencer Deery's appeal of the r ecount to the Indiana Supreme Court.Deery, a Republican whose district stretches from West Lafayette to the Illinois border, was originally declared the winner, clipping challenger Paula Copenhaver, the chair of the Fountain County Republican Party, by three votes.Then, on Aug. 10, the Indiana Recount Commission rejected eight ballots cast for Deery because they lacked either a county clerk's signature or both sets of initials from election judges. The commission threw out two Copenhaver ballots for the same reason, with the result that Copenhaver was declared the winner by the same three-vote margin.Rush's order directs the commission to provide the court with a transcript and exhibits from its Aug. 10 hearing and sets oral arguments for 11:15 a.m. on Thursday, Sept. 10.Time for a decision is short. Mail-in absentee ballots have to be mailed to voters who have applied for one by Sept. 19 and early voting begins on Oct. 6.Commissioners said on Aug. 10 their decision would not affect the results in any other race. The Deery-Copenhaver primary was the only outstanding race from this spring. The winner will face Democrat David Sanders. ...read more read less